Madhya Pradesh High Court
Shahid vs The State Of Madhya Pradesh on 2 September, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:24614
1 MCRC-29152-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 29152 of 2025
SHAHID
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Himanshu Thakur advocate for the applicant.
Shri Madhusudan Yadav public prosecutor for the State.
ORDER
1. This fourth application has been filed by the applicant under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No. 64/2022 registered at
Police Station - Ringnod, District-Ratlam (M.P.) for offence punishable under
Sections 8, 15, 29 of NDPS Act and Sections 467, 468 and 201 of IPC. Applicant
is in judicial custody since 15.12.2023. He was granted temporary bail vide orders
dated 10.5.2024 passed in MCRC No. 6369/2024 (IA No. 7381/2024);
11.11.2024 passed in MCRC No. 44766/2024 and 2.5.2025 passed in MCRC
No. 12260/2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case diary and
the relevant material on record.
4 . Learned counsel for the applicant in addition to the grounds mentioned in the
application submits that the applicant is falsely implicated in the alleged offence
merely on the basis of statement of co-accused in police custody, which is not
admissible in view of the laid down in the case of Tofan Singh Vs State of Tamil
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Nadu reported in (2021) 4 SCC 1. He has not committed the alleged offence. The
applicant is implicated merely alleging communication between him and co-
accused on whatsapp mobile app. However, the transcript of communication is
not available. Co-accused Abdul @ Wasim has been extended benefit of bail vide
order dated 10th July, 2025 passed in MCRC No. 13667/2025. The prosecution
against the applicant is identical in nature. The final report has been submitted on
completion of investigation. There is no likelihood of tampering with evidence by
the applicant. Jail incarceration is causing hardship to the applicant. Applicant is
ready to cooperate in the trial.
5. Per contra, learned counsel for the State opposes the application on the ground
of gravity of alleged offence. Learned counsel further refers to six criminal
antecedent against the applicant as mentioned in the case diary.
6. In reply, learned counsel for the applicant referring to the case detail, submits
that the applicant stands acquitted vide judgment dated 28.10.2017 passed in ST
No. 26/2010, registered at PS Kotwali Mandsaur ; the applicant stands acquitted
vide judgment dated 21.6.2017 passed in ST No. 34/2013 register at P.S. YD
Nagar Mandsaur ; the applicant has been extended benefit of bail in crime No.
57/2014 registered at P.S Narayangadh, in which the trial is pending. The
applicant stands acquitted vide judgment dated 3.12.2018 passed in ST No.
505/2017 registered at P.S. YD Nagar. The applicant has never been convicted for
any major offence.
7. According to the material available on case diary, Mohd. Intajar was
apprehended while transporting narcotic contraband poppy straw (Dodachura),
total quantity 24 qunitals and 6 kilograms in his truck bearing registration No.
HR-58-B6902 on 28.2.2022. Mohd Intajar was apprehended. He informed that
Kamal Rana and Shahid (applicant) at the instructions of Abdul Wahid had
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provided him the narcotic contraband. No incriminating material, much less, the
narcotic contraband is recovered at the instance of applicant during investigation.
The transcript of alleged communication through Whattsapp with co-accused is
not available. The veracity of prosecution will be determined after evidence in the
trial. In view of aforestated facts, this court is of considered opinion that the
interdict contained under Section 37 of the NDPS Act would not apply against
applicant.
8. As informed, the applicant is aged around 38 years and is agriculturist by
profession. He has the family responsibility. Considering these aspects, there
appears to be no possibility of fleeing from justice. In absence of any substantial
criminal past and previous conviction for any major offence, considering the
socio-economic status of the applicant, there appears to be no likelihood of
tampering with evidence or influencing the witnesses by the applicant. There
appears to be no compelling reason to continue incarceration of the applicant.
However, the observations, herein-above, are recorded for present application
only.
9. Considering the rival contentions and overall circumstances of the case, in the
light of aforestated facts, but without commenting on the merits, this Court is
inclined to release the applicant on bail, however on certain stringent conditions in
view of criminal antecedents of the applicant. Thus, the application is allowed.
10. Accordingly, it is directed that applicant- Shahid shall be released on bail in
connection with the Crime as mentioned in first paragraph of this order, upon
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) with
two solvent sureties of the same amount to the satisfaction of the Trial Court, for
compliance with the following conditions :(For convenience of understanding by
accused and surety, the conditions of bail are also reproduced in Hindi as under):-
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(1) Applicant shall remain present on every date of hearing as may be directed by the
concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade them/him/her from disclosing
such facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन नह ं
दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-फुसलाने,
दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of
Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of
witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक
सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
6) The applicant shall mark his presence before the SHO, P.S.- Ringnod, District
Ratlam(M.P.) on first Saturday of every month till conclusion of trial. A copy of this
order be forwarded to the concerned SHO for compliance with the case diary.
11. This order shall be effective till the end of trial. However, in case of breach
of any of the preconditions of bail, the Trial Court may consider, on merit,
cancellation of bail without any impediment of this order.
12. The trial Court shall get these conditions reproduced on the personal bond by
the accused and on surety bond by the surety concerned. If any of them is unable
to write, the scribe shall certify that he had explained the conditions to the
concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
